The Enterprise Act 2002 (Part 8 Designated Enforcers: Criteria for Designation, Designation of Public Bodies as Designated Enforcers and Transitional Provisions) Order 2003

Criteria for designation U.K.

3.  The criteria that an applicant must satisfy in order that the Secretary of State may designate it as a designated enforcer under section 213(2) of the Act are as follows:

(a) the applicant is so constituted, managed and controlled as to be expected to act independently, impartially and with complete integrity and has established procedures to ensure that any potential conflicts of interest are properly dealt with;

(b) the applicant has demonstrated experience, competence and expertise in promoting or protecting the collective interests of consumers in respect of domestic infringements or [F1 Schedule 13 infringements], including, where the applicant is a successor to any person or body which had such expertise, by reference to that person or body;

(c) the applicant has demonstrated the ability to protect the collective interests of consumers by promoting high standards of integrity and fair dealing in the conduct of business in relation to such consumers;

(d) the applicant has the capability to investigate infringements and carry out the enforcement procedures set out in Part 8 of the Act in respect of the types of infringement for which it seeks designation;

(e) the applicant is ready and willing to follow best practice in enforcement;

(f) the applicant is ready and willing to co-operate with the [F2 CMA] and other general enforcers, designated enforcers F3 ... and any other person responsible for the regulation of matters in respect of which acts or omissions may constitute domestic or [F4 Schedule 13 infringements] including by:

(i) sharing information with such other enforcers and persons in so far as legally permitted; and

(ii) by participating in arrangements to co-ordinate action under Part 8 with other enforcers and persons acting or proposing to act in respect of the same person.

Textual Amendments

F1 Words in art. 3(b) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 6(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in art. 3(f) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 10 (with art. 3)

F3 Words in art. 3(f) omitted (31.12.2020) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 6(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in art. 3(f) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 6(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)